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FOX News
Dec 7, 2012 5:00pm PST
it's going to play out the doma case prop 8 case how two different cases how do you think doma case. >> doma case involves whether someone who had lived with domestic partner for 45 years should have to pay estate taxes where if they lived as husband and wife she would not have to pay estate taxes and prop 8 involves whether or not gay marriage is simply legal. i think what we are seeing here they only need four justices to decide whether to take the issue. i think there is a little bit of politics there because if obama appoints more justices, they are not going to have to get the issue before the court. i think expect that the court going to say that gay marriage is legal just as they said you couldn't ban racially mixed racial marriages and things of that sort. you know, husband and wife, man and woman does not appear in the constitution. it's more a policy or religious decision than a legal decision. legally i don't think they can ban it. >> laura: i clerked at the court quite a few years ago now back in 1993. but predicting what the court is going to do is always quite difficul
Dec 8, 2012 9:00am PST
. it decided to take these two, doma and proposition 8. why do you think they took these and not others? >> you know, after this election, this issue is so ripe for the supreme court the jurisdictions are so split in their laws, many states recognizing same-sex marriage and performing same-sex marriages. some states not recognizing them. this is the perfect scenario for the supreme court to step in and ultimately make a ruling. there are over 1,000 cases, joe, in which federal laws are impacted by marital status. the time has come. it's ripe. prop 8 was on the doorstep for the supreme court. here we go. >> avery, we were trading e-mails a little bit a while ago. one of the questions i asked you was whether the supreme court essentially gave itself an emergency escape hatch with one of the cases it chose. can you talk about that? >> late yesterday, as you know, joe, the supreme court amended its grant of review when it said, we want to know about the issue of standing. meaning does the person involved in the challenge have the right to be there in the first place. if the court doesn't then what
Dec 7, 2012 7:00pm PST
court decided to hear two cases, one, doma, the defense of marriage act, and the other, a challenge to california's proposition 8 which took away the right for gays and lesbians to legally wed in the state. now the court's expected to hear arguments in march, with a ruling by late june. and the decision to take on the issue comes just weeks after voters in three more states approved same of sex marriage. joining me now, cnn's legal analyst jeffrey toobin. how big is this? put this in perspective. >> huge. this is really a major event in american history, not just court history. same-sex marriage now is at the center of the american legal world. this was a cause that was seen as a fringe issue as recently as the '90s. >> it wasn't even mentioned as a possibility. >> it was not even mentioned. polling has gone from, you know, approximately 20% to 30% support in the '90s. now gallup poll showed 53%. exist polls showed 49%. now ark fears command close to a majority support. and now the supreme court may decide that same-sex marriage will be the law of the land everywhere. >> how much of
Search Results 0 to 4 of about 5 (some duplicates have been removed)